Jarrett v. Apple
Supreme Court of Kansas
Error from Cherokee District Court. Action by Apple against Jarrett, commenced September 15,1881. The petition is as follows (court and title omitted): “Now comes the plaintiff, Monroe Apple, and for his cause of action against the defendant, Andrew Jarrett, complains and alleges; “First.
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Error from Cherokee District Court. Action by Apple against Jarrett, commenced September 15,1881. The petition is as follows (court and title omitted): “Now comes the plaintiff, Monroe Apple, and for his cause of action against the defendant, Andrew Jarrett, complains and alleges; “First. That the plaintiff was on the 5th day of September, 1881, and ever since has been, and now is the owner of the following-described real estate, situate in Cherokee county, Kansas, to wit; - The west half of the southeast quarter of section twenty-three, in township thirty-four, south, of range twenty-three,…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It is contended that as the petition charges carelessness and negligence upon the part of plaintiff in er* *695ror, defendant below, the court erred in instructing the jury that the plaintiff in error, defendant below, could recover under § 2, ch. 118, Comp. Laws of 1879. With the charge of carelessness and negligence eliminated from the petition, there are sufficient allegations in the petition to allow a recovery under the statute; hence the court committed no error in that regard. “A party aggrieved may seek his remedy either under the…
2Cases cited4 opinions
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Kerr v. BillingslyTennessee Supreme Court · 1847
- City of Wyandotte v. NobleSupreme Court of Kansas · 1871
- Emerson v. GardinerSupreme Court of Kansas · 1871
3Cited by3 opinions
- Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
- West v. JaloffOregon Supreme Court · 1924
- Johnston v. MarriageSupreme Court of Kansas · 1906